The Department of Industrial Policy and Promotion Office of CGPDTM in India investigates the filing of various intellectual property rights. In the year 2021, around 256 thousand industrial trademarks were registered in India. With the globalization and development of technology around the globe, IP-intensive companies and industries are emerging each day and understanding the importance of IP protection.
Think of the purple-colored Cadbury chocolate – that particular shade of purple is trademarked. Think of the golden arches design associated with McDonald’s packaging; that specific symbol is trademarked. Both the distinctive purple color and the familiar McD logo instantly create brand and product glory in consumers’ minds.
In general, a trademark is the legal recognition of the brand, which distinguishes your identity and makes it unique. It is a word, phrase, logo, or configuration that recognizes and distinguishes the sources of goods of one enterprise from another. India is a signatory to 2 major international treaties: (i) Paris Convention for Protection of Industry Property, 1883 and (ii) TRIPS Agreement (Trade-related aspects of IP Rights), 1994. With globalization, trademarks have attained immense value and require uniform standard protection as recognized in TRIPS. This led to the annulment of the old Indian Trade & Merchandise Marks Act, 1958, and the enactment of the new Trade Marks Act, 1999. This Act provides for trademark registration, protection, and penalties for infringement.
CAN COMPETITIVE BUSINESSES CHOOSE SIMILAR BRAND
Think of Pominick as a company that sells dark chocolates, and then imagine Pominick as a company that sells pizza. As a consumer, how would you distinguish Domino’s pizza selling brand from Pominick’s? Can Pominick sell pizza with a similar brand name as Dominoes?
This question has two facets:
1- NON-COMPETING BUSINESS
The use of overlapping trademarks is not considered infringing if the products or services of the companies are not competing and are not distributed in the same markets. There are many brands in the market that use the same brand name for different types of business or product categories, which are called “brand twins.”
Is Dove Beauty Bar and Dove Chocolate owned by the same company? No, although two different businesses possess the same registered name, it has different product. Unilever, based in the United Kingdom, owns soap, and Mars, based in the United States, owns Dove chocolate.
There are many detriments of using the same brand name as it tarnishes individuality and affects brand recognition. But it is not possible to own a “word”. Even companies like Unilever or Apple didn’t make their investment by trademarking their brand name in all categories of products. So, to maintain genuineness and uniqueness, one must do the proper research in the niche product area before finalizing its brand name.
2- COMPETING BUSINESS
Generally, businesses that are competitive in nature are restrained from opting for trademarks that are similar to any businesses that are already in existence. One of the primary purposes of trademarks is to dissuade consumer confusion. The ice cream parlor with mouthwatering flavors might lose business to an identically named parlor that sells lousy ice- cream.
In the case of Dominos IP holder LLC & Anr v. Ms Dominick Pizza & Anr, 1 the Court ordered to give Domino’s protection of its mark “Dominos Pizza” and restrained Dominick Pizza from selling, advertising, or marketing under the marks “Cheese Burst” and “Pasta Italiano.” The Court further suspended the domain names of “Dominick Pizza”. Using an identical name with similar flavors is deceptive and creates disarray in consumers’ minds. If a business uses a trademark that is identical or confusingly similar to that of a competitor,
and there is a chance that customers may mistake the source of the goods or services, then that business has committed trademark infringement.
EXTENDED PROTECTION TO THESE BUSINESSES: EXCEPTION
TO NON-COMPETING BUSINESS
Some businesses in the market have a powerful history and emotion attached to them, and these businesses should be shielded more comprehensively to protect their cordiality and maintain their authenticity. The same has been done in a recent matter of “Amul”.
AMUL – The Taste of India
In a recent case of Kaira District Cooperative Milk Producers Union Ltd. vs Maa Tara Trading Co. 2 The Calcutta High Court said that the “Amul” brand symbolizes an Indian brand that has become a household name and they should be given extensive protection against unauthorized use even with respect to non-competing goods and services as it represents the progress towards wealth in India’s rural areas. Therefore, the court restrained Maa Tara, a local candle distributing company from using the trademark “Amul Candles” as it violates the statutory rights as well as the common rights of Amul which has resulted in the loss of revenue.
- Dominick severely tarnishing Business & Trademark, available at: https://www.livelaw.in/news-updates/delhi- high-court-dominos-trademark-infringement-dominick-pizza-reputation-208033 (Visited on September 4, 2022)
- Trademark ‘Amul’ deserves broad protection against non-competing goods, available at:
https://www.barandbench.com/amp/story/news/litigation/trademark-amul-deserves-broad-protection-against- non-competing-goods-services-calcutta-high-court (Visited on September 5, 2022)
Despite numerous court cases, many companies still make crores from the “Amul” trademark tarnishing the brand image and being deceptive to the general populace. Amul Macho, for instance, has sold innerwear for years without being ordered for injunction by the Court. The rights of these brands, which contribute significantly to the Indian economy and the revolution, must be fiercely protected.
The use of technology dictates almost everything from techniques and methodologies to IP conflicts. Refinement in Technology will lead to an increase in crimes and trademark infringement, making it simpler for inferior businesses to defame products from renowned enterprises. It is a well-known legal norm that a business can acquire exclusive rights to use a specific phrase within certain bounds. The word must have been used to the point where it has become distinctive and has lost its original meaning.
There are certain brands that need special protection because of the heritage and unique identity they harbor and these brands can be safeguarded by passing special laws that specify the requirements to qualify as “exceptions to non-competing business”.
The Daily Guardian is now on Telegram. Click here to join our channel (@thedailyguardian) and stay updated with the latest headlines.
For the latest news Download The Daily Guardian App.
Swedish geneticist Svante Paabo receives Nobel Prize in Medicine
The Nobel Prize in Medicine or Physiology 2022 was awarded to Svante Paabo for his discoveries concerning the genomes of extinct hominins and human evolution, announced the award-giving organisation on Monday.
“The Nobel Assembly at Karolinska Institute has today decided to award the 2022 Nobel Prize in Physiology or Medicine to Svante Paabo for his discoveries concerning the genomes of extinct hominins and human evolution,” read the Nobel Prize statement. The 2022 Nobel Prize laureate Svante Paabo found that gene transfer had occurred from the now extinct hominins to Homo sapiens.
This ancient flow of genes to present-day humans has physiological relevance today, for example affecting how our immune system reacts to infections, the statement said.
Svante Paabo has established an entirely new scientific discipline, pale genomics. By revealing genetic differences that distinguish all living humans from extinct hominins, his discoveries provide the basis for exploring what makes us uniquely human.
Through his pioneering research, Svante Paabo accomplished something seemingly impossible: sequencing the genome of the Neanderthal, an extinct relative of present-day humans. He also made the sensational discovery of a previously unknown hominin, Denisova, entirely from genome data retrieved from a small finger bone specimen.
Importantly, Paabo also found that gene transfer had occurred from these now extinct hominins to Homo sapiens following the migration from Africa around 70,000 years ago, the statement read. Svante Paabo is a Swedish geneticist specialising in the field of evolutionary genetics who was recruited to the University of Munich in 1990, where, as a newly appointed Professor, he continued his work on archaic DNA.
Imran challenges Pak govt to arrest him over leaked audio
As the controversy regarding the leaked audio continues in Pakistan, former Prime Minister Imran Khan has challenged the coalition government led by the Pakistan Muslim League (N) to arrest him.
At a public gathering in Taxila, Punjab on Sunday, the deposed leader said PML-N vice-president Maryam Nawaz wanted the cypher to disappear in a bid to hide the conspiracy hatched by PM Shehbaz Sharif’s party. “This is the movement of real independence and we are ready to face jails. I am ready to go to jail and for my nation as well. “We are not afraid of jail,” he was quoted as saying by The Nation.
The cypher is an alleged secret diplomatic cable which fueled conspiracy theories that the US administration wanted to topple Imran Khan’s government and facilitate regime change in the country.
The cypher is based on then-envoy Asad Majeed’s meeting with US State Department official Donald Lu, who has been at the centre of PTI’s claim that the US conspired to dislodge Imran from office in April.
During his address, Khan said, “They have started a new drama regarding the disappearance of the cypher while its master copy is in the office of the Ministry of Foreign Affairs. Maryam Nawaz can ask her ambassador about it, “he added.
While referring to the Pakistan army, he said, “Those who could prevent the conspiracy from succeeding, if they call themselves neutral at this time, the nation will never forgive them.” Pakistan’s Federal Cabinet has formally given the go-ahead to start legal action against former PM Imran Khan over the recent audio leaks that purportedly featured him and his aides discussing a US cypher.
On Friday, the Pakistan federal cabinet met with Prime Minister Shehbaz Sharif in the chair.
Taiwan disapproves of China’s false claims about its sovereignty
Taiwan on Sunday rebutted Chinese Premier Li Keqiang’s remarks about the Chinese Communist Party’s (CCP) resolve to achieve unification and said that it sought to undermine the legitimacy of Taiwan.
Taiwan will never accept Beijing’s attempts to undermine its sovereignty, the Mainland Affairs Council (MAC) said yesterday, after the Chinese Communist Party (CCP) at its National Day celebrations in Beijing vowed to achieve unification with Taiwan, reported Taipei Times. The council said the statement was an attempt to undermine the legitimacy and sovereignty of Taiwan. “We will never accept such ideas,” it said.
The CCP’s statement was not conducive to peaceful cross-strait relations, the council said, reported Taipei Times.
The event, hosted by the Chinese State Council, featured Chinese President Xi Jinping, Chinese Premier Li Keqiang, the other five CCP Politburo Standing Committee members and Vice President Wang Qishan, among others.
Chinese Communist Party propagates inevitability of Xi’s third term
In the run-up to the 20th National Congress of the Chinese Communist Party (CCP), propaganda has been centered around projecting the inevitability of a third term for President Xi Jinping. Incidentally, at the end of his anticipated third term, President Xi would become the second longest-serving head of the CCP after Mao Zedong, who was in control of various positions for 33 years and 174 days. Xi would also surpass the tenure of Jiang Zemin, who led the CCP as General Secretary for 13 years and 145 days during the period 1989–2002.
Interestingly, the expected third term would provide Xi an opportunity to further stamp his authority on the party, military, and government with the intent of creating an enduring legacy. Meanwhile, the CCP, as part of its efforts to shore up public support for Xi’s third term, announced on September 27 that it would publish a compilation of documents, called the “Revitalisation Library,” which would highlight China’s pursuit of national rejuvenation as well as the long-term goals of the party.
President Xi underlined that the ‘Revitalisation Library’ is a major cultural project, aimed at bolstering public confidence in the country’s path. President Xi also reappeared (September 27) in public, for the first time in the aftermath of his return from Samarkand, and visited an exhibition in Beijing on the country’s achievements since 2012.
Xi was also accompanied by Beijing-based members of the Politburo of the CCP. Significantly, Xi calls Mao’s time the ‘revolution period,’ Deng Xiaoping’s the ‘building period,’ Jiang Zemin and Hu Jintao’s the ‘reform period’ while calling his term a ‘whole new era.’
Liz Truss’ government takes U-turn on plan to scrap 45% tax cut
Days after UK Prime Minister Liz Truss insisted she would not abandon the tax cut for the wealthiest, the conservative government on Monday took a U-turn on the plan to scrap the 45 per cent tax cut.
The British government has announced it will reverse plans to scrap the highest rate of income tax following a major backlash to its proposed “growth plan,”. In a statement posted online Monday, new Chancellor Kwasi Kwarteng said the plan “had become a distraction. We get it, and we have listened. “
Kwarteng said that the proposed scrapping of the 45% rate for those earning more than 150,000 pounds (USD 167,000) had become a “distraction.” “From supporting British businesses to lowering the tax burden for the lowest paid, our Growth Plan sets out a new approach to build a more prosperous economy,” he said in a statement on his Twitter account.
However, it is clear that the abolition of the 45% tax rate has become a distraction from our overriding mission to tackle the challenges facing our country, “he added.
As a result, I’m announcing we are not proceeding with the abolition of the 45% tax rate. He also defended the delay in the reversal, saying, “We can always have a debate about when we could’ve made the decision, but the important thing is we’ve made the decision and we can now move forward with making the push for the growth plan.”
The radical cuts sent the pound plunging to historic lows and sparked market chaos, leading to a revolt within the governing Conservative Party. The U-turn comes after several Tory MPs voiced their opposition to the plan announced just 10 days ago in the mini-budget.
The proposal to scrap the rate paid by people earning over £150,000 a year has been criticised as unfair at a time of rising living costs. The damage is already done in terms of the Truss government’s standing with the voters and the markets.
Death toll rises to 43 in suicide bombing at Kabul school
The death toll from a suicide bombing at the Kaaj Educational Center in Afghanistan’s capital, Kabul, has gone up to 43. The casualty figures in Friday’s college bombing in the Hazara neighbourhood are likely to rise further, as per the United Nations Assistance Mission in Afghanistan (UNAMA). Till now, 43 people have been killed and around 83 have been wounded, with girls and young women as the main victims. The human toll from Friday’s college bombing in the Hasra neighbourhood of the Afghan capital continues to rise. 43 killed. 83 wounded Girls and young women are the main victims. Casualty figures are likely to rise further. “The verification process continues by UNAMA human rights teams in Kabul,” tweeted UNAMA.
Earlier, on Friday, a blast occurred in the 13th security area of Kabul, Taliban spokesperson Abdul Nafee Takour was quoted. Multiple media reports claim that about 100 students of the institute have been killed in the attack. However, the UNAMA said that its human rights teams in Kabul are helping to establish an accurate record of the college attack in the Hazara neighbourhood.
Earlier, a number of women from Afghanistan’s minority Hazara community on Saturday protested in Kabul against the terror attack at the Kaaj Educational Center. The female protestors dressed in black chanted slogans against the genocide of minorities and demanded their rights.
This explosion comes a few days after a blast was reported near the Wazir Akbar Khan area of Kabul that sparked a global outcry. The recent blast outside the Russian Embassy in Kabul was also condemned in the strongest terms.
This series of blasts comes as the Taliban completed one year of its rule in Afghanistan following the ouster of the US-backed civilian government last year. Rights groups said the Taliban had broken multiple pledges to respect human and women’s rights. Meanwhile, the Taliban on Monday shot into the crowd of young girls who were peacefully protesting in Herat to demand their right to go to school.
Rights groups say that the Taliban’s human rights abuses have brought widespread condemnation and imperilled international efforts to address the country’s dire situation.
Opinion2 years ago
South Block’s mistakes will now be corrected by Army
Sports2 years ago
When a bodybuilder breaks Shoaib’s record
News2 years ago
PM Modi must take governance back from babus
Spiritually Speaking2 years ago
Spiritual beings having a human experience
Legally Speaking2 years ago
Law relating to grant, rejection and cancellation of bail
News2 years ago
Chinese general ordered attack on Indian troops: US intel report
Royally Speaking2 years ago
The young royal dedicated to the heritage of Jaipur
Sports2 years ago
West Indies avoid follow-on, England increase lead to 219